A. Procedure and required information for rubbish collector permit. The applicant shall file a letter with the City Manager, executed under penalty of perjury of the laws of the state of California, containing the following information:
1. Name and description of the applicant;
2. Permanent business address and address of local office of the applicant;
3. Trade and firm name;
4. If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses;
5. Facts indicating that the applicant has arranged for solid waste disposal in an area where the same may be legally accepted and disposed of as approved by the city;
6. Desired collection area to be served and type of service to be provided;
7. Facts indicating that applicant is qualified to render efficient refuse collection service;
8. Facts indicating that trucks and equipment conform to all applicable provisions of this chapter.
9. Satisfactory evidence that applicant is in existence as a going concern and that the principals thereof possess not less than two (2) years actual operating experience in residential and/or commercial refuse collection and disposal;
10. Satisfactory evidence that applicant's experience as a going concern in residential and/or commercial refuse collection and disposal derives from operations of comparable size to that contemplated by the applicant; details shall include length of other contracts, name and size of municipality, nature of service provided, and the name of the contact person at the municipality being served;
11. Evidence that applicant is in good standing in the state of California and, in the case of a corporation organized under the laws of any other state, evidence that applicant is licensed to do business in the state of California;
12. A detailed inventory of the applicant's equipment available for use in refuse collection area;
13. A written statement that applicant has complied, or is capable of complying, with all regulations imposed by the city, the county of Orange and the state of California for the collection and disposal of solid waste.
14. Facts indicating that the applicant owns or has under his or her control, in good mechanical condition, sufficient equipment to conduct the business of refuse collection adequately if granted a permit, and that applicant owns or has access to suitable facilities for maintaining his or her equipment in a safe, clean and sanitary condition.
15. Satisfactory evidence that the issuance of a permit is in the public interest and convenience in that there is an available market for refuse collection which can be legally served by the applicant.
16. Such other pertinent facts or information as the City Manager may require, including evidence of state certification, if applicable.
17. Any of the above provisions in conflict with certification requirements imposed by state law shall not be required.
B. Fees and requirements for permit.
1. Upon consideration of the information supplied by the applicant contained in the above-mentioned letter and following a public hearing conducted by the City Council upon at least ten (10) days prior written notice to the applicant, the City Council may issue a permit.
2. Each permit granted shall apply to refuse collection for an area of the city specified therein or, in the case of hazardous waste or bio-hazardous and/or medical waste operations, specified commercial premises, and may be exclusive.
3. A fee for processing permit applications shall be set by resolution of the City Council, with review on an annual basis.
C. Bonding of permittee. Before granting a refuse collector permit under the provisions of this chapter, the Council shall require the permittee as a condition of the permit, to post with the City Clerk a cash bond or surety bond in an amount determined by the Council and furnished by a corporate surety authorized to do business in the state of California, payable to the city. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter, and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof.
D. Indemnification by permittee.
1. Indemnification of city. Permittee shall agree to protect, defend with counsel approved by the city, indemnify and hold harmless the city, its elected and appointed officials, officers, employees and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising out of or resulting in any way from permittee's exercise of its responsibilities under this chapter unless such claim is due to the sole negligence or willful act of the city, its officers, employees, agents or contractors, including the city's grant of a permit to permittee. Subject to the scope of this indemnification and upon demand of the city, made by and through the City Attorney, the permittee shall appear in and defend the city and its officers, employees and agents in any claims or actions, whether judicial, administrative or otherwise arising out of the exercise of this chapter.
2. Hazardous materials indemnification. Permittee shall indemnify, defend with counsel approved by the city, protect and hold harmless the city, its elected and appointed officials, officers, employees, agents, assigns and any successor or successors to the city's interest from and against all claims, actual damages (including, but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, city or its officers, employees, agents or permittee arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where permittee stores or disposes of municipal solid waste pursuant to this chapter. The foregoing indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA”, 42 USC § 9607(e) and Cal. Health and Safety Code § 25364, to insure, protect, hold harmless and indemnify city from liability.
E. Liability insurance. The permittee shall obtain, and keep in force during the term of the permit, public liability and bodily injury insurance in amounts determined by the City Council, and workers' compensation insurance covering all employees of the permittee. Copies of such policies, or endorsements evidencing such policies, shall be filed with the City Clerk prior to the commencement of activities authorized by the permit. The city and its officers, elected officials, employees and agents shall be named as additional insureds on all such policies. All such policies shall contain at a minimum a provision requiring a thirty (30) day notice to be given to the city prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the Council.
F. Compliance with federal, state and local laws and regulations. The permittee shall agree to perform under the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The permittee shall also comply with all other ordinances and regulations of the city and applicable laws and regulations of the county of Orange, state of California and the United States, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof.
(Ord. 990, passed 7-23-96)